Allahabad High Court
Ravi Prakash Chaudhary And 2 Others vs Union Of India And 3 Others on 19 April, 2023
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 49 Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 66 of 2023 Applicant :- Ravi Prakash Chaudhary And 2 Others Opposite Party :- Union Of India And 3 Others Counsel for Applicant :- Arvind Kumar Mishra,Om Prakash Pandey Counsel for Opposite Party :- A.S.G.I.,Rajesh Kumar Jaiswal,Suman Jaiswal Hon'ble Rajeev Misra,J.
Heard Mr. Om Prakash Pandey, the learned counsel for applicants, Ms. Uman Jaiswal, the learned counsel for opposite party-1, Mr. R.K. Jaiswal, learned counsel for opposite aprty-2 and the learned A.G.A. opposite party-3 and 4.
This applicant under section 11 of Arbitration and Conciliation Act has been filed with the prayer that the notification/order dated 26.9.2022 (Annexure-7 to the application) issued by respondent-1 Union of India be quashed and retired District Judge or qualified/legal practitioner having 7 years experience of practice as an arbitrator be appointed as arbitrator.
At the very outset, learned A.G.A. has raised a preliminary objection that since there is no agreement between the parties, therefore, provisions of Arbitration and Conciliation Act cannot be invoked by applicant and seek appointment of arbitrator. He has invited the attention of Court to the National Highways and Authorities Act. On the basis of above, he submits that there is an inbuilt mechanism in the National Highways Authorities Act, in view of provisions contained in Section 3(G)(5) and 3(G)(6). On the above premise he submits that present applicant is misconceived and is liable to be dismissed.
When confronted with above, the learned counsel for applicants could not overcome the same.
Resultantly, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 19.4.2023 Arshad